ABDULSATTAR IBRAHIM LIMBADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Applicant has challenged impugned order passed on 14/7/2021 below Exh. 1 in Criminal Case No. 56752 of 2019 by 2 nd Additional Chief Judicial Magistrate, Surat directing the present applicant to deposit 20% of the cheque amount by way of interim compensation to the complainant.

(2.) Heard learned advocate for the applicant.

(3.) Learned advocate for the applicant submits that impugned order is contrary to the established principle of law and against the evidence on record. That, loan was availed by the present applicant from Finance Bank i.e. respondent No.2 on 8/9/2016 which was sanctioned to the tune of Rs.9,69,937.00 and its installments were started from 4/10/2016 for 20 years. That, security was given by way of mortagage deed and some cheques to the respondent No.2 if, the present applicant fails to paid the said EMI to the respondent No.2. That, loan amount is paying by the present applicant since 30/9/2016 to 6/7/2021 except sum of Rs.81,163.00 That, such order cannot be passed by the Court below in a hurried manner, as applicant is paying loan amount regularly to the respondent No.2. That, learned Judge has not considered the overall facts and conduct of the applicant and has committed grave error & law and fact, and therefore, learned advocate for the applicant requested to quash and set aside the impugned order dtd. 14/7/2021 passed by the trial Court.